Manor Co-Living Limited v RY Construction Limited

Manor Co-Living Limited v RY Construction Limited

The Adjudicator did not breach natural justice as he considered and rejected the claimant's defence of common law termination on its merits, finding no valid acceptance of repudiatory breach, and it was unnecessary to consider substantive repudiatory conduct. The case that conduct constituted acceptance was not advanced in the adjudication.

Parties
Claimant: Manor Co-Living Limited; Defendant: RY Construction Limited
Jurisdiction
England and Wales
Judgment Date
27 October 2022
Procedural Posture
Part 8 Claim / Judgment
Outcome
Claim dismissed
Legal Topics
Adjudication, Termination of Contract, Repudiatory Breach, Natural Justice
Construction Law Contract Law Adjudication Termination of Contract Repudiatory Breach Natural Justice

Case Brief

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Parties

Manor Co-Living Limited

Claimant

RY Construction Limited

Defendant

Procedural Posture

Part 8 Claim / Judgment

Legal Issues

  1. 1 Whether the Adjudicator breached natural justice by failing to consider the claimant's defence of common law entitlement to terminate the contract
  2. 2 Whether the claimant's conduct amounted to acceptance of repudiatory breach
  3. 3 Whether the contractual termination was valid

Ratio Decidendi

The Adjudicator did not breach natural justice as he considered and rejected the claimant's defence of common law termination on its merits, finding no valid acceptance of repudiatory breach, and it was unnecessary to consider substantive repudiatory conduct. The case that conduct constituted acceptance was not advanced in the adjudication.

Court Disposition

Claim dismissed